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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Ritchie and Setzler
Document Path: l:\s-jud\bills\ritchie\jud0021.jhr.doc
Companion/Similar bill(s): 4381
Introduced in the Senate on January 10, 2006
Introduced in the House on March 29, 2006
Currently residing in the House Committee on Judiciary
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/13/2005 Senate Prefiled 12/13/2005 Senate Referred to Committee on Judiciary 1/10/2006 Senate Introduced and read first time SJ-35 1/10/2006 Senate Referred to Committee on Judiciary SJ-35 1/19/2006 Senate Referred to Subcommittee: Ritchie (ch), Rankin, Lourie, Scott 3/22/2006 Senate Committee report: Favorable Judiciary SJ-20 3/23/2006 Senate Read second time SJ-15 3/28/2006 Senate Read third time and sent to House SJ-17 3/29/2006 House Introduced and read first time HJ-15 3/29/2006 House Referred to Committee on Judiciary HJ-16
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
March 22, 2006
S. Printed 3/22/06--S.
Read the first time January 10, 2006.
To whom was referred a Bill (S. 998) to amend Section 20-7-1640, Code of Laws of South Carolina, 1976, relating to a fingerprint review for a person applying for licensure as a foster parent, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. RITCHIE, JR. for Committee.
EXPLANATION OF IMPACT:
Department of Social Services
The department indicates that this bill would have a minimal effect on the General Fund of the State and federal and/or other funds but would be absorbed within existing resources as a process is already in place to complete record checks for adoptive family applicants.
State Law Enforcement Division - SLED
SLED indicates each person applying for licensure to adopt a child in the custody of the Department of Social Services must pay a total fee of $36 for criminal background checks conducted by the FBI and SLED. Fees collected by the agency will be sufficient to offset cost incurred by the agency.
Office of State Budget
TO AMEND SECTION 20-7-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A FINGERPRINT REVIEW FOR A PERSON APPLYING FOR LICENSURE AS A FOSTER PARENT, SO AS TO INCLUDE ANYONE SEEKING APPROVAL TO ADOPT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES (DSS) TO UNDERGO A FINGERPRINT REVIEW; AND TO AMEND SECTION 20-7-1642 OF THE 1976 CODE, RELATING TO RESTRICTIONS ON FOSTER CARE REPLACEMENT WITH PERSONS WITH A HISTORY OF CHILD ABUSE OR NEGLECT OR OTHER CRIMINAL CONVICTIONS OR PLEAS, SO AS TO INCLUDE A PROHIBITION ON PLACING A DSS CHILD IN A HOME FOR FOSTER CARE OR ADOPTION WHERE ANYONE IN THE HOME OVER THE AGE OF EIGHTEEN HAS PLED GUILTY OR NOLO CONTENDERE TO UNLAWFUL CONDUCT TOWARD A CHILD OR CRUELTY TO CHILDREN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1640 of the 1976 Code is amended to read:
"Section 20-7-1640. (A) A person applying for licensure as a foster parent or for approval by the department to adopt a child in the custody of the department and a person eighteen years of age or older, residing in a home in which a person has applied to be licensed as a foster parent or approved as an adoptive parent, must undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprinting review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(B) Any fee charged by the Federal Bureau of Investigation for the fingerprint review must be paid by the individual."
SECTION 2. Section 20-7-1642 of the 1976 Code is amended to read:
"Section 20-7-1642. (A)
No A child in the custody of the Department of Social Services may must not be placed in foster care or for adoption or continue to reside in foster care with a person if the person or anyone eighteen years of age or older residing in the home:
with has a substantiated history of child abuse or neglect as evidenced by an entry in the Central Registry of Child Abuse and Neglect; or
who has pled guilty or nolo contendere to or who has been convicted of:
(a) an 'Offense Against the Person' as provided for in Chapter 3, Title 16;
(b) an 'Offense Against Morality or Decency' as provided for in Chapter 15, Title 16;
(c) contributing to the delinquency of a minor as provided for in Section 16-17-490;
(d) the common law offense of assault and battery of a high and aggravated nature when the victim was a person seventeen years of age or younger;
(e) criminal domestic violence, as defined in Section 16-25-20;
(f) criminal domestic violence of a high and aggravated nature, as defined in Section 16-25-65;
(g) a felony drug-related offense under the laws of this State;
(h) unlawful conduct toward a child as defined in Section 20-7-50; or
(i) cruelty to children as defined in Section 20-7-70.
(B) A person who has been convicted of a criminal offense similar in nature to a crime enumerated in subsection (A) when the crime was committed in another jurisdiction or under federal law is subject to the restrictions set out in this section.
(C) This section does not prevent foster care placement, placement for adoption, or a child's continued residence in foster care when a conviction or plea of guilty or nolo contendere for one of the crimes enumerated in subsection (A) has been pardoned. However, notwithstanding the entry of a pardon, the department or other entity making placement, continued residence, or licensing decisions may consider all information available, including the person's pardoned convictions or pleas and the circumstances surrounding them, to determine whether the applicant is unfit or otherwise unsuited to provide foster care services or adoptive placement."
SECTION 3. This act takes effect upon approval by the Governor.
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